Recent Cases

Scone Race Club Ltd v Cottom [2019] NSWCA 260 (31 October 2019) (Gleeson JA at [1]; Brereton JA at [2]; Emmett AJA at [6])


TORTS – Whether the Club breached the duty of care it owed to the Worker as an employee of the Club – Whether reasonable care on the part of the Club required that it install concrete pads upon which to place rubbish bins.

APPEALS – whether leave should be granted to raise an argument by notice of contention that was not advanced on the pleadings and was not put to witnesses at trial who could have met the argument with evidence.